NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26100
John W. Gaines, Referee
(William R. Bell and Tom Trass
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM:
"This is to serve notice as required by the rules of the National
Railroad Adjustment Board, of our intentions to file an ex parte submission
on (30 days from date of this notice) covering an adjusted dispute between us
and the Illinois Central Gulf Railroad involving the question of dismissal.
According to the Illinois Central Gulf Railroad, we abandoned our
position according to rule #38. We, therefore, quote from the (Schedule of
Rules and Working Conditions governing the several classes of employees in
the Maintenance of Ways and Structures Department on the lines of the
Illinois Central Gulf Railroad Company) including all revisions through
January 1, 1983.
Rule #38 states, and I quote, 'An employee who is absent from his
assigned position without permission for seven (7) consecutive workdays will
be considered as having abandoned his position and resigned from service.
After reading rule #38, we still have not found where is states
that an employee is totally responsible for getting a message to his supervisor in case of illness.
could not inform the company of a illness, if he is not able to do so
himself.
Jim Mann informed Harry Johnson of my illiness, who in turn gave
him 3 days off and denied ever talking to him. I, in turn informed Harry
Johnson of Tom Trass' illness and was given 2 days off. Mr. Mann, and Mr.
Trass, will be witnesses to this fact, along with the numerous copies of
letters from the ICGRR."
OPINION OF BOARD: The absence from service of Claimants William R. Bell
and Tom Trass took place on and after October 7, 1983. Up
to that time at which they allegedly abandoned their positions, Claimants
were serving in maintenance of Way work for Carrier as machine Operators in a
Tie Gang.
On October 25 and 26, 1983, Carrier sent notification of dismissal
to Claimant Trass and to Claimant Bell, respectively. Notification was the
same in each case, reading:
Award Number 25841 Page 2
Locket Number MS-26100
"Per Rule 38 of the current working agreement, you are
hereby dismissed from the service of the Illinois
Central Gulf Railroad for having abandoned your position
without proper permission for seven (7) consecutive
days . . . .·
We are able to find no alternative for Carrier but to consider the
Claimants as having resigned under the provisions of Rule 38, quoted as to
its essentials in the Statement of Claim.
The Rule speaks for itself. It places the burden squarely on
Claimants to avoid those consequences. Absenteeism can cause serious
disruption in a Carrier's essential operations. A Foreman of a Work Gang
should be able to expect an adequate complement to carry out his function.
The Claimants make similar assertions regarding contacting the
Carrier. Each one asserts that, in his own behalf, some third party
intervened to the Foreman involved and, on October 12 in the instance of
Claimant Trass and October 18 in the instance of Claimant Bell, such third
party satisfactorily explained the continuing absence by reason of that
Claimant's illness. To the contrary, their Foreman's October 18 report of
unexplained and unexcused absences was the very basis for the ensuing
notification of dismissal of each Claimant.
It is the employee's responsibility to contact the Foreman. That
responsibility is not readily transferred, if it is transferable at a11. So
primary responsibility devolves upon the individual Claimant to see to it
early on that he obtain official permission for his continuing absence.
We have carefully considered the position taken by the two
Claimants, and are of the opinion that the Claim of each is without merit.
Carrier raises a procedural point in connection with the main
issue. It will not be necessary for us to address the point because of our
treatment above in disposing of the issue on its merits.
Claimants requested a Referee Hearing and both were present.
Award Number 25841 Page 3
Locket Number MS-26100
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Gr
Nancy J ~r - Executive Secretary
Dated at Chicago, Illinois, this 13th day of January 1986.